### UNITED STATES ENVIRO MENTAL PROTECTION AGE CY REGION 

### 8 1595 Wynkoop 

### Street DENVER. CO 80202·1129 

### Phol1(' HOO-217-fN17 http://\\'\\\\'.cpa.gov/r<.'gion08



## MAY 16 2012 Ref: 8P-AR CERTIFIED MAIL -RETURN RECEIPT REQUESTED & 

### ELECTRONIC MAIL
JoDcll Mizoue Stall' 

### l:.1l\ironmclllal Specialist \\ PX I:nt.·rg) Willislon. LLC 100I I

## t h Street.

### Suit~ 1200 Demer. Colorado 80202
RE: Request for Infonnmion Pertaining 10 Emissions Control Equipment at Oil and Gas Production Facilities on the Fort Berthold Indian Reservation 

### Dear Ms. Mizoue, As you know. the Em iron

### menial Protection Agenc) (EPA) is expediting th.: dc\l.'lopmcnt ofu R('st.·nalioll-specilh: 

### Ft:'<.kmllmplt:llH..'lllalion Plan (Fir) to 

### establish Ii:derall) enlon::\.'able n:qllin.:rnl..'Jlh 

### to nmtrol \uhtlill..' organic compound (VOe) emissions lrom 

### oil and 

### gas prodllt:tlUn aCli\

### itil..'s (i.c. storagt: lank and heatl.'r-trealcr cmissions) \\ithin the exterior**boundari(,'~** ofthe "ort llcnhold IndHlIl Reservalion (FBJR) in North Dakota. The EPA's action wOldd require owners and operators ofoil and gas well production facilities to reduce VOCs released during the extraction and storage ofhydrocnrbon reservoir fluids prior to being transferred ofTsite for sale or treatment.
As part ofoureffort to develop federally enforceable requirements under the FIP for oil and gas production facilities, the EPA is evaluating VOC emission control technologies employed by operators on the FBIR. The agency is requesting information that will allow us to determine the associated cost impacts ofthe proposed emission control requirements.
Ihis inl{lnnatioll rl.'qul.'st pl.'rtains!O WPX I.:nergy Williston's (WPX's) operations on tIll.' FBlR. 

### 1)ll.'as\.'**~ubl11itlhc** informalion rcqucstl.'d below for WPX's oil and gas exploration and prodll\,;tiun**1;1I.;iliti(:~** located on the FBIR:
I. Please provide the average cost incurred to develop a synthetic minor permit application for an oil and gas exploration and production facility on the FBIR.
2. Please provide the average cost incurred on an annual basis for each ofthe following types of control equipment:a. A pit Flare capable ofachieving 90% VOC destruction efficiency; b. A utility nare that is manufacturer certified for 98% VOC destruction efficiency or compliant with the requirements for such nares at 40 CFR 60.I8(b): c. An enclosed combustor that is manufacturercertified for 98% VOC destruction efficiency: d. An auto-ignition system that includes. an electronically controlled ignition device. continuous recording device. malfunction alarm. and remote notification system to ensure the continued presence ofa pilot name during operation: c. A continuous pilot flamc system that includes a thermocouplc. continuous recording device malfunction alann. and remote notification system to ensure the continued presence ofa pilot name; and 

## r. A vapor recovery system (VRU) for capture and recovery ofstorage tank gases. 3. Please describe the source ofthe data and the methodology used in calculating items 2(a) lhrough 2(r). The average annual cost incurred should include, but is not limited 10. the following list ofcost clements:

3. rhe total capital**inv~stm~nt** (Tel) cost. \\hich includes hut is tlotlimilcd 10. the capital**co~1** fm the prim.u) control dc\ice. nu>..iliar) cquipment and instrumentation. piping. performance te\ting. as...oeiated utilities. cngincering and systcm design. freight. sile preparation. foundation. construction and field expenses. instatlation. etc.: b. The operation and maintenance (O&M) cost (equipment, pilot fuel, ctc.): c. The annualized laborcosts such as 

### saJary and benefits associated with monitoringlrecordkeepinglreporting requirements and O&M activities; and d. The annualized non-labor costs such as office supplies. vehicle costs. and infonnation technology.
Cost elements for each type ofcontrol equipment should not overlap to avoid duplicative cost from accumulating.
4. For each piece ofequipment identified in 2(a) lhrough 2(r), please provide thc expected life for each component. Any costs associated with maintenance over the life ofthe unit should be annualized and included as part ofthe annual O&M costs reported.
5. Please provide the average cost associated with the sale ofrecoverable product from a VRU.
Due to the expedited development ofthe FIP. your prompt cooperation is appreciated. We request that this information be provided to the EPA within 14 calendar days ofrcceipt as indicated by the earlier of certified receipt or electronic cmail for this letter. Elcctronic submission is prcferred. Please submit

our response to rric \\ ortman al \\ortIlHlJlS}:ic liep.E.gm. \\ e requcslthat a dul) authoriled oOiccr or agent orWPX certil) as true. accuratc. and complete thc**re~ponse** to this infonllation b) signing the enclosed Statcment ofCertification (Attachment A) and returning it with the response. Such officer or agent must have sufficient knowledge and authority to make such rcpresentations on behalfofWPX.
Pursuant to 40 C.F.R. Part 2, Subpart B, WPX is entitled to assert a business confidentiality claim covering any part ofthe submitted information. Attachment B specifies the assertion and substantiation requirements for business confidentiality claims. Failure to assert such a claim makes the submitted 

### 2

### information subjcct to public disclosure upon request and without further notice to )'ou. pursuant to the;' Freedom ofInformation Act. 5 U.S.c. Section 552. Infonnation subject to 

### a business confidentialit) claim may only 

### be made available to the public in accordance with 40 C.F.R. Part 2. Subpart B. It is the EPA's understanding that the average emission control device cost data for all ofWPX's facilities on the FBIR will likely not be 

### entitled to confidential treatment as opposed to specific cost data for each facility. Jfyou do claim confidentiality. wc request that you submit that portion ofthe response (only that speciJic portion for which yOll arc claiming confidential treatment) separately from all other inlormation. Also enclosed \\ith this Requestlbr Information is a Small Business Regulatory Enloreement and Fairness Act (SBREFA) infornlation sheet (see Attachment C). The requirements ofthis letter arc not subjectto the Paperwork Reduction Act of 1980, 44 U.S.C. §3501 el seq. 

### Ifthe information requested in this letterhas previously been submitted to the EPA, please let us know. We appreciate your cooperation in this matter. Ifyou have any questions please contact Eric Wortman. ofmy stafr. al 

### 303-312-6649. 

# c:Ya

Carl Daly,

# DireCI~ Air Program

Enclosures



### 3 @printedon Recycled

### PaperAttachment A



### STATF:MF:NT OF CERTI FICATlON
Icertify under penalty oflaw that I have personally examined and am familiar with the infonnation submitted in this document and all attachments and that, based On my inquiry ofthose individuals immediately responsible for obtaining information, Ibelieve that the infonnation is true, accurate, and complete. Ial11 aware that there are significant penalties for submitting false information, including the possibility offine or imprisonment.

Signature

Title

DateAttachment B Confidential**Busillc~s** Information (eBl) Ass('rtioo :lod SubShll1li:ttioo Recluirements I. Assenion**Reqllir~mel1ts** You may assen a business confidentiality claim covering all or pan orthe information requested in thl.' attached letter, as provided in 40 C.F.R. §2.203(b). Ifportions ofa document have CBI claims, then please provide a redacted version that would remove any CBI information. To make a contidentiality claim, submit the requested information and indicate that you are making a claim ofconfidentiality. Any document over which you make a claim ofconfidentiality should 

### be marked by placing on orattaching to the information. at the time it is submitted to U.S. EPA. a cover sheet. stamped or typed legend. or other suitable form ofnotice employing language such as "trade secret" or "proprietary" or "compan) conlidential" and a date ifany \\hen the infonnation should no longer be treated as conlidential. Inlormation covered by such a claim will be disclosed by the United States Environmental Protection Agency (U.S. EPA) only to the extent permitted and by means ofthe procedures set forth by Section 114(c) ofthe Clean Air Act (the Act), and 40 C.F.R. Part 2. Allegedly confidential portions ofothcr";se non-confidential documents should be clearly identified. U.S. EPA will construe the failure to furnish a confidentiality claim with your response to the attached letter as a waiver ofthat claim. and the information may be made available to the public without further notice to you. Please segregate personnel, medical and similar files from your responses and include that information on separate sheet(s) marked as "Personal Privacy Information" given that disclosure ofsuch inlormation to th" gcni.'r3l public ma) constitutl.' an il1\asion**ofpriva(,:~. ~.** **Sub~lamiallOn RcqlliremL'nt~**  All confidentiality claims are subject to U.S. EPA verification and must be made in accordance wilh 40 C.F.R. §2.208 which provides in pan that you satisfactorily show that you have taken reasonable measures to protect the confidentiality ofthe information and that you intend to continue 10 do so: and that the information is not and has not been reasonably obtainable by legitimate means without your consent. As explained above, ifyou assert a CBI claim in responding to the attached letter, please specify which portions ofthe infbnnation you consider conlidential. You must bc specific by pagc, paragraph, :wd sentence" hen identifying (he information subject to your ch1im. Any infonnation not specific:.llI) idcmilied as subject to confidentiality claim may be disclosed to the public and a requestor without further nOlice to )ou. For each item or class ofinfonnation that you identify as being subject to CBI. please answer (he following questions, giving as much detail as possible:

a. For what period oftime do you request that the information be maintained as confidential, e.g.. until a certain date, until the occurrence ofa specified event, or pennanenlly? Ifthe occurrence ofa specific event will create the need for confidentiality, please specify lhat event. b. Information submitted to U.S. EPA becomes stale over time. Wh) should the inlbnnalion yOlI claim flS confidential be protected lor Ih(' lime period s(X'cilied in our (Ins\\l'r 10**quc~liol1** pi?

c. \\ hat**mca~lIn:s** haH'**~olltakcn** to protL'ctthL' inlormation daillll'd as conlidential'! Ihl\l".' )Oll disclosed the inlbnnation to anyone other than a gO\erl1mental bod) or someone \\ho is boundby an agreement not to disclose the infonnation further? Ifso. why should the infomlation still be considered confidential? d 1<; the infonnation contained in any publicly available material such as the Internet. publici) a\ailable databases. promotional publications. annual repons. or articles? Is there an) means**h~** \\hich a memberofthe public could obtain access to the infornlation? Is the infonnation ofa kind that you would customarily not release to the public?

e. Has any governmental body made a determination as to the confidentiality orthe information? If so. please attach a copy ofthe determination. f. For each category ofinrormation claimed as confidential, explain with specificity why release of the information is likely to cause substantial harm to your competitive position. Explain the specific nature ofthose harmful effects. why they should be viewed as substantial, and the causal relationship bcl\\een disclosure and such harmful effects. Ilow could your competitors make usc oftilis illformati(lll to our detriment?
g. Do )OU asscrtlhat the information is submilled on a voluntary or a mandatory basis? Please explain the reason for yourassenion. Ifyou assen that the infornlation is voluntarily submitted information. explain whether and why disclosure ofthe information would tend to lessen the availability to U.S. EPA ofsimilar information in the future.
h. Any other issue you deem relevant (including. ifpcrtinent reasons why you believe that the information you claim to 

### be CBI is not emission or emuent data.) I)lease note thai emission data. provided under Section 114 ofthe Act. 42 .S.C. 

### § 7414. is not entitled to confidential treatment under 40 C.F.R. Part 2. "Emission data" mcans. with reference to an) source of emission ofany substance into the air.
Infonnation nccessary to dctcrmine the identity, amount, frcquency, concentration, or other characteristics (to the extent related to air quality) ofany cmission which has been emitted by the source (or ofany pollutant resulting from any emission by the source), or any combination ofthe foregoing;

a. Information necessary to detennine the identity. amount, frequency, concentration, or other characteristics (to the extent related to air quality) ofthe emissions which, under an applicable standard or limitation. the source was authorized to emit (including. to the extent necessary for sllch purposes. a description ofthe manner and rate ofoperation ofthe source): and
h. ,\ gcnaal deseriptlCln ofthe location and'or nature ofthe source to tl1\: c\tcnt**neccssar~** to idclltify thc source and to distinguish it from other sources (including. to the extent necessar) for such purposes. a description ofthe device, installation. oroperation constituting the source). 40 C.F.R. §§ 2.30 l(a)(2Xi)(A). (B) and 

### (C).
Emission data includes. but is not limited to. service records stating the amount ofrefrigerant added to a unit or reclaimed from a unit.



### 2

### You bearthe burden ofsubstantiating your confidcntiality claim. Conclusory allegations will be 

### givcn little or no weight in the detennination. In substantiating your CSf 

### c1aim(s), U.S. EPA requires that you to bracket all text so claimed and mark it "CBI". Infonnation so designated will 

### be disclosed by U.S. EPA only to the extent allowed by, and by means ofthe procedures set forth in. 40 C.F.R. Part 2.

ubpan B. Ifyou faillo claim the infonnation as confidential. 

### it may be 

### madc mailable to the public \\ilhout furtht'r notice to yOll.



### 3

# SEPA United Stetes Environmental Protection Agency 

### Attachment C

Office of Enforcement alld Compliance Assurance (2201 A) EPAJOO.F..03-001 May2003


# u. S. EPA Small Business Resources 

# I f you own a small business, the United Stales Environmental Protection Agency (EPA) offers a vanety of compliance assistance and tools to assist you in complying with federal and stale environmental laws. These resources can helpyou understandyourenvironmental obllgatlOt1S. Improve compliance and find cost-effectlve ways 10complythrough ihe use of pollution preventIOn and other InnovallVetechnologies. Hotllnes, Helpline. and Clearinghouses EPAsponsors approximately89free hotlines andclearing· housesthat provide convenlenl assistance regarding 9OVlronmenta) requirements. The National Environmental Compliance Assistance Clellrlnghouse provides quick accessto compliance aSsistance tools, contacts. lind planned activITies 'rom tna U.S. EPA, states, and other compliance assistance prOYlCHlrs t1tlpJ/Www epa.gov/eleanoghouse Pollution Preventton Clearlnghouse httpJIwww.epa.gov/oppl:intrllibrcuylppiCindex.h:m EPA's Small Business Ombudsman Hotline can provide a list of aU the hot lines and assist In deter· mining the hotllne best meeting your needs: (BOO) 368-5888 Emergency Planning and COmmunity Right-Te>KnowAct (800) 424-9346 National Response Center (to reportoil and hazardous substance**6p~ls)** (600) 424-8fJ02 Tolles Substances andAsbestos Information (202) 554·14Q4 Sale Dnnklng Water (600)42&4791 Stratospheric: Ozone and Refrigerants Infonnatlon (800)296-1996 Clean AirTechno'ogy Center (919)54t.alOO Wetlands Helpline (800)832-7828 EPA Websltes EPAhasseverallntemetsltesthat provide useful compliance assistance inlormation and materialsforsmall businesses. If you don't have access to the Intemotat yourbusiness, manypublic libreries provide accessto the Inlernet al minimal or no cost EPA's Home PlIge http.llwww.epa gov Smalt Businesl Assistance Program hTtp://wMY.epa,govlttnlsbap Office of Enforcement and Compliance Assurance htlDJIwMY.epa.p/arnpl:ance Compliance Assistal"lCfl Home Page hTtpJIwww.epagovFcomplianceiassistance Office 01 Regulatory Enforcement http://www.epa.gov/complianoe/cMllindex.h:ml Ottlce 01 Site Remediation Enforcement hnp'llwww.epa.gov/comptianceJcleanup Innovative Programs for Environmental Performance hltplfw.Nwepa gov/panners Small Business Ombudsman Y.WW.sba.gov/ombudsman

Office of Enforcement and Compliance Assurance: http://www.epa gov/compllance**~"I'C'_""1O'"** __......c-
...... .., ...

### _IIl"_.Ioo

..__....__

## u.s. EPA SMALL BUSINESS RESOURCES
Compliance Assistance Centers In paltnershipwith rtdustry. unlversrties, and otherfederal and state agencies, EPAhas established national Compll. anceAssistanceCentersthat provideIntemetand**1axba~** assistanceservicestorsevel<ll industrieswith manysmall businesses. Thefollowing CompianceAsslstanceCenters can be accessedthrough lheCente(s galewayat hllp:1I www.asSlStaneecenlers.nelorbycaDi'lgthephonenumbers belowand attheir respectivewebsl\es Metal FmiShlng (l-8O().AT.N/I.1FACorwww.rvnlrc o(9) Printing (l-888-USPNEACor_pneac,org) AutomotIve Service lind RepaIr (l-868-GRN·UNKor**wnw.ccar-green~nk..org)** Agriculture (1-8138-663-2155 Ofwww.epa.gov/agriculture) Printed Wiring Board Manufacturing (1-734-995-4911orwww.lJ"Nbmorg) The Chemlclllindustry (1·800-672-6048orwwwdWmalhar.ceorg) The Transportallon Industry (1-888-459-0656orwww.lranSOUfce.org) The Paints and CoatIngs Center (l.aQO.28&6372orWW'N,paintC9l1lerorg) Three newcenters are underdevelopment fortheaulo salvage seclor, the construction industry, and U.S. Me)!:l· can borderwaste issues. State Agencies Many state agencies have established compliance assistance programs that provide on-site and other types of assistance Contact your local stale environmental agency for more Intormalion For assist,mce in reaching Slate agencies, call EPA's Small Business Ombudsman at (800)-368-5888 or viSll the Small Business Environmental Homepago at hIlP:ltwww.smalibiz-enviroweb.orglstate.html. Compliance Incentives EPAprovides Incentives lorenvironmental compliance. By participating in compliance assistance programs or voluntarilydisclosing and promptlycorrecting violations, businesses may be eligible for penalty waivers or reductions. EPAhas two policies that potentially apply to small businesses: TheAudIt Policy (hllp:JIwww,epa,gov/comptlance/mcentlves/aud (Ing) and the Small Bustness Policy l hnp(lwwwepa gov/compilance'-Incent**veSlsma~buSlness)** These do nol apply II an enforcement action has a ready been initiated, Commenting on Federal Enforcement Actions and Compliance Activities The Small Business Regulalory Enloroement FaIrnessAct (SBREFA) established an ombudsman ("SBAEFAOmbuds· man-)and 10 ReglOOal FallT'\9ss Boards 10 receIVecorrmentS Irom small buSWleSSeS aboutIederalagc'lCyertlOfCeMOOI aCllons The SBREFAOmbudsman WIIIannua Iy rate eaen agency s responSIVeness to small busmesses II you bel'eve thaI you laU WIthIn the Smal' BuSiness AdmnsttallOrfs ctellnruonota small buSIness(basedonyour North Amencan IndusttyCIaSSlficatlOrt System (NAICSl deSlQnallon, m,mber 01 employees OfannuallllC8lpts, defined at 13C,ER. 121.201; Inmostcases, this means abuslness wrth 500 Of**fewer~l,andWlShloalmmefltonfederalenforce** mentand compliance activrties. call the SBREFA Ombudsman'stelI·free runberatl-888-REG-FAJR (1-888- 734-3247). Everysmall business that is lhe SUbJeCtof an enforcemenl or compliance actioolS entitled 10comment on the Agency's at1lons wllhoullear of relallatlon EPA employees are prohlbllGd from USing enforcemenl or any other means 01 retaliallon aga nSl any member01 the regul3100 community because lOe regulated cornmuntly plevlouslycommentedon ItSaCIIVIlles
Your Duty to Comply If you receive comphance assislance Of subm,tcomments to tl'l8 SBREFAOmbudsman or Regional Fairness Boards, you stilt have lhe duty to comply with the law, Inclucllng providing timely responses to EPAinformation requests, admimstmtive Ofcivil complaints, otherenforcement actions orcommunicat,ons The aSSistance information and comment processes do nOt give you any new rights or defenses In any enforcement action. These processes also do nOI allecl EPA's obligation to protect public health orthe environment underany ofthe enVlronmenlal statutes It enforces, including the nghtlo lake emergency remedlai oremergency response actions when appropriate. Those decisions Will be based on the lacls in each situalion, The SBREFAOmbudsman and Fairness Boards do not participate in resolVIng EPA's enforcemenl actions. Also, remember thaI to preserve your rights, you need 10comply witn all rules governing the enforcement process. EPA Is dissemInatIng this Information to you withoutmakinga**determl~tion** rhlJtyourbusiness ororganizationIsa smallbusiness asdefinedby Sttetlon 222 of lhe Small Business Regulatory Enforcement Fairness Act (SBREFA) orrelated provisions,